( 1 ) IN this application under Section 115 of the C. P. Code against an order, refusing a prayer for amendment of the written statement, passed by the learned Judge of the City Civil Court, 7th Bench, on September, 17, J9s3, a preliminary objection has been raised that revision under Section 115 does not lie from an order granting or refusing amendment of pleadings because by such order there is no 'case decided' within the meaning of the section.

( 2 ) IN support of this objection, reliance has been placed by the learned Advocate for the Opposite Party on certain decisions of the Allahabad, Lahore and Sind High Courts (such as Dassuma v. Kundanmal, AIR 1946 Sind 36), where it has ueen held that an order made under Order 6, Rule 17 of the C. P. Code is trot revisable under Section 115. ;

( 3 ) THE broad principle on which these decisions resl is that a 'case decided' in Section 115 means the decision of the claim in a suit, so that an amendment of a pleading, which does not dispose of the claim in the suit or the rights of the parties to the cause, cannot be brought under Section 115. In short the word 'case' did not include a part of a case/ [buddhu Lal v. Mewa Ram,